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Aston Lawyer, Solicitor

Category: Law

Satisfied Customers: 10180

Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law

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My sons Council property has mould and is damp. The heating

Customer Question

My sons Council property has mould and is damp. The heating does not work properly and they have spent over £300 on gas in one quarter. His daughter has started suffering from asthma and chronic coughs since moving in 6 months ago. His partner is 5 months pregnant and they are very concerned for the new baby. What are their rights, what can they do? Thanks - concerned Mum

It is clear that the Council are in breach of their legal obligations as Landlord. There are 2 statutes here to protect you, as follows-

Landlord and Tenant Act 1985

There are certain repairs which landlords must carry out under section 11 of the Act:

keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes);

keep in repair and proper working order the installations in the dwelling-house;

For the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and sanitary conveniences but not fixtures, fittings and appliances for making use of the supply of water, gas and electricity), and

For heating rooms or heating water.

Environmental Protection Act 1990

The local council's environmental/public health department has the power to force landlords to carry out repairs which the law say they must do.

If the conditions in your home are harmful to your health or a nuisance, they may amount to a 'statutory nuisance', (s79 (1) (a)).

If so, a Notice can be served on the council, which gives them 21 days within which they must carry out the necessary repairs, (s80 (1) (b)).

Examples of disrepair include:

Dampness

Condensation or mould growth

Falling plaster

Leaking roof

Taking Legal Action

A tenant may be able to apply to the County Court to force the landlord to carry out necessary repairs. You can also seek compensation for any loss or inconvenience you might have suffered.

A tenant can also apply to the Magistrates Court if there is a statutory nuisance (s82). Your daughter may be entitled to compensation.

I therefore suggest that your daughter speaks to a local Housing Solicitor (she may qualify for legal aid) or the citizens advice bureau. From her point of view, taking action under the Environmental Protection Act is going to be by far the quickest way to get the necessary repairs carried out.

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

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